Patna High Court
Vikram Raj @ Bikram RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted provisional bail for fifteen days, subject to verification of the petitioner’s clean antecedent.
Summary
Vikram Raj was arrested in connection with the seizure of 402 grams of smack, alleged to be an intermediate quantity, under Sections 8(c) and 21(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner applied for regular bail, claiming innocence and a clean antecedent, while the prosecution opposed the bail. The court, noting the petitioner’s custody since 12‑12‑2025 and the absence of prior convictions, decided to grant provisional bail for fifteen days. Bail was conditioned on furnishing a cash bond of Rs.10,000 with two sureties of equal amount. The lower court was directed to verify the petitioner’s clean antecedent and confirm the bail if the verification is favorable. If any other involvement is discovered, the bail may be cancelled.
Issues considered
- Whether the petitioner is eligible for bail under Sections 8(c) and 21(c) of the NDPS Act
- Whether the petitioner’s clean antecedent warrants the grant of provisional bail
- Whether the conditions imposed by the court are sufficient under the NDPS and criminal procedure law
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 8(c)
Subjects
- bail
- NDPS Act
- provisional bail
- clean antecedent
- narcotics
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31495 of 2026
Arising Out of PS. Case No.-421 Year-2025 Thana- BAHADURPUR District- Patna
======================================================
Vikram Raj @ Bikram Raj S/O Late Nandkishor Bind R/o Village- Sichak,
P.S.- Kuil, Dist- Lakhisarai, At Present Resident of Phulwari Sharif, Tamtam
Padaw, P.S.- Phulwari Sharif, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Shatakshi Singh, Advocate
For the Opposite Party/s : Mr.Jharkhandi Upadhyaya, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This case was mentioned for an out-of-turn hearing
as the marriage of the brother of the petitioner is fixed for the
day after tomorrow.
3. The petitioner seeks regular bail in the present case
registered for the offences punishable under Sections 8(c) and
21(c) of the N.D.P.S. Act.
4. As per the prosecution case, 402 gms of smack
was recovered from a plastic bag.
5. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that the recovered
Patna High Court CR. MISC. No.31495 of 2026(2) dt.05-05-2026
2/2
quantity of smack is of intermediate quantity and claims clean
antecedent. Petitioner is in custody since 12.12.2025. The
petitioner undertakes to co-operate in the case/ trial.
6. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
7. Considering the facts and circumstances of the
case, let the petitioner, above named, be released on provisional
bail for fifteen days from today on furnishing bail bonds of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special Court
(N.D.P.S.) No. II, Patna /concerned Court below in connection
with Bahadurpur P.S. Case No. 421 of 2025.
8. In the meantime, the Court below shall verify the
statement of the petitioner that he has clean antecedent. If the
Court below finds that the petitioner has clean antecedent then
the provisional bail granted to the petitioner shall be confirmed
by the Court below. If it is found that the petitioner is involved
in any other case then appropriate order for cancellation of
interim bail granted to the petitioner shall be passed by the
Court below.
(Sandeep Kumar, J)
tusharika/-
U T
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